Israel Supreme Court Overturns Ruling Forbidding Copying Fashion Designs

necklines

Back in December 2016 Israel fashion designer Gadi Elemelech sued Renuar, a chain selling women’s clothing, for selling clothing that was confusingly similar to his haute couture dress. The dress in question appeared in Elemelech’s 2013 collection, and in Renuar’s 2014 range. The legal grounds for the action were the Israel Trade Related Torts Act 1999. Judge Gidon Ginat ruled that a chain-store that copied a range of designer clothing should cease and desist, and that Renuar should pay damages of 55,000 Shekels and a further 35,000 Shekels legal costs.  Civil Tort 5366-12-14 Elimelech vs. Renuar Ruling by Gidon Ginat, 22 December 2016.

The ruling was appealed to the Israel Supreme Court which overturned it, canceling Judge Ginat’s ruling without costs to either side. Instead of a long detailed ruling, the three judge panel ruling is barely two lines, and simply states that simply copying a product is not enough to obtain a legal sanction against the copier, with a reference to paragraph 18 and citations of the Apropos 945/06 General-Mills vs Meshubach ruling(Bugles).

COMMENT

This ruling essentially means that non-registered designs are in the public domain and cheap copies of various articles, from food snacks to fashion clothing can’t be litigated unless the design is registered, apart perhaps from specific cases where there is some additional issue (A.Sh.I.R.).

One Response to Israel Supreme Court Overturns Ruling Forbidding Copying Fashion Designs

  1. ruth soetendorp says:

    Interesting. So there’s no unregistered design right in Israel?

    best wishes,

    ruth

    Ruth Soetendorp Professor Emerita, Bournemouth University Associate Director, Centre for Intellectual Property Policy & Management Intellectual Property Awareness Network Education Group convenor HEA National Teaching Fellow Visiting Academic, Cass Business School, City, University of London iprsoet@gmail.com http://www.cippm.org.uk http://www.ipaware.net @ruthsoet

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